R. v. Kroeker (D.), 2014 YKTC 31

JurisdictionYukon
JudgeChisholm, J.
CourtTerritorial Court of Yukon (Canada)
Subject MatterCOURTS,CRIMINAL LAW,CIVIL RIGHTS,POLICE
Citation2014 YKTC 31,[2014] Yukon Cases Uned. 31,[2014] Yukon Cases Uned. (TC) 31
Date26 June 2014
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3 practice notes
  • R. v. Kroeker (D.), [2015] Yukon Cases Uned. 2
    • Canada
    • Supreme Court of Yukon
    • January 19, 2015
    ...the trial judge appeared to agree with the latter proposition. However, he disagreed with the former. At para. 51 of his reasons (cited at 2014 YKTC 31), he stated: [51] I think that it is likely that the Director is in an appropriate capacity to designate qualified technicians under s. 254......
  • R. v. Fotheringham, 2016 YKTC 70
    • Canada
    • Territorial Court of Yukon (Canada)
    • June 30, 2016
    ...breath technician for Mr. Fotheringham. As it turned out, Cst. Horbachewsky’s designation was invalid on that date as per R. v. Kroeker, 2014 YKTC 31. The Crown therefore called an expert at the trial to remedy the loss of the presumption in s. 258(1)(c). Defence did not present any signifi......
  • R. v. Atkinson (C.D.), [2014] Yukon Cases Uned. (TC) 47
    • Canada
    • Yukon Territorial Court of Yukon (Canada)
    • September 18, 2014
    ...to the breath samples was the designation of the qualified technician. And, based on the decision of Judge Chisholm in R. v. Kroeker , 2014 YKTC 31, the Court is aware that designations of qualified technicians by Deputy Director of Public Prosecutions, George Dolhai, have been put in issue......
3 cases
  • R. v. Kroeker (D.), [2015] Yukon Cases Uned. 2
    • Canada
    • Supreme Court of Yukon
    • January 19, 2015
    ...the trial judge appeared to agree with the latter proposition. However, he disagreed with the former. At para. 51 of his reasons (cited at 2014 YKTC 31), he stated: [51] I think that it is likely that the Director is in an appropriate capacity to designate qualified technicians under s. 254......
  • R. v. Fotheringham, 2016 YKTC 70
    • Canada
    • Territorial Court of Yukon (Canada)
    • June 30, 2016
    ...breath technician for Mr. Fotheringham. As it turned out, Cst. Horbachewsky’s designation was invalid on that date as per R. v. Kroeker, 2014 YKTC 31. The Crown therefore called an expert at the trial to remedy the loss of the presumption in s. 258(1)(c). Defence did not present any signifi......
  • R. v. Atkinson (C.D.), [2014] Yukon Cases Uned. (TC) 47
    • Canada
    • Yukon Territorial Court of Yukon (Canada)
    • September 18, 2014
    ...to the breath samples was the designation of the qualified technician. And, based on the decision of Judge Chisholm in R. v. Kroeker , 2014 YKTC 31, the Court is aware that designations of qualified technicians by Deputy Director of Public Prosecutions, George Dolhai, have been put in issue......

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